Private Property Outdoor Dining

Is the City requiring businesses to remove their outdoor dining on private property?

No, the City Council has voted unanimously to support the ongoing operation of outdoor dining areas citywide every time staff has brought the item forward to extend the temporary permits and to create opportunities to help businesses transition to permanent approval of these spaces. The Council has also directed staff to identify opportunities to streamline the permitting process for businesses operating on private property, which is the focus of the work the City Council Outdoor Dining Subcommittee is doing right now.

What is the difference between the parklet program and private property program?

Parklets are outdoor seating areas that are built in the public right of way in on-street parking spaces. The City created a permanent parklet program in early 2023 and began accepting applications for permits this Summer. The Parklet Program is run by the Economic Development Department in coordination with Public Works because these spaces are located on public property and require City approval and annual fees to operate.

The City is now working on permit streamlining for outdoor seating areas on private property. Private property improvements like outdoor seating areas are overseen by the Planning and Community Development Department through the traditional planning and building permit process. Economic Development and Planning and Community Development Staff are supporting the City Council Outdoor Dining subcommittee in the work to reduce the permitting process for businesses wishing to transition their temporary outdoor dining spaces on private property into permanent spaces going forward.

Can my outdoor seating area be grandfathered in?

No, the outdoor seating area cannot be grandfathered in because these temporary permits were issued through an executive order and under emergency regulations that allowed for some temporary exceptions from building, zoning, fire, and public works regulations. Through the streamlined permit process the City has made outdoor seating on private property allowed without a planning use permit if the operating and design standards are followed. The only permit required to approve these spaces is a building permit. This is a state requirement for any private business or development activity.

What changes has the City made to make the permitting process easier for businesses?

The City has long standing policies and permit processes in place to allow outdoor seating, however the current process requires businesses to obtain at least 3 different permits:

1. An administrative use permit or special use permit - permit type depends on status of alcohol permit
   - these permits also go to either a Zoning Administrator Hearing or Planning Commission Hearing
2. Design Permit
3. Building Permit
4. Entertainment Permit - if applicable

Through the work of the City Council Outdoor Dining Subcommittee, the City is proposing to modify this process to significantly reduce the permitting process to only a building permit for these outdoor seating areas. This streamlined process reduces permitting costs by an estimated $7,000.

In addition to the permit process changes, the City is also proposing to remove replacement parking requirements for any parking spaces removed by outdoor seating. Recent State law changes have already removed parking requirements in most of the City's commercial areas and this policy change would go further to not require businesses to provide replacement parking regardless of where they are located. Bike parking will still be required and is based on square footage.

Do I need to apply for a permit if I have already built an outdoor seating area and I want to keep it?

All outdoor seating areas constructed under the temporary outdoor expansion program will need to be permitted under the permanent program. Businesses are required to adhere to the operating requirements in the outdoor seating ordinance and will be required to obtain a Building Permit from the Planning and Community Development Department to receive approval for their outdoor seating areas. The Building Permit reviews the construction of the outdoor seating and compliance with all applicable State codes.

Some businesses have also constructed outdoor seating areas without temporary permits and must still go through this review process to receive permanent approval. Those not operating under the temporary permits could also face potential code compliance requirements if they do not apply for permanent approval.

Why would I be required to make changes to my temporary outdoor seating area I built?

The temporary outdoor seating areas have been regulated with the expectation that they would not be permanent structures and resulted in some temporary exceptions from building, zoning, fire, and public works regulations. To allow these outdoor spaces to continue the City is obligated to enforce State Building codes which regulate life safety issues such as emergency access, fire suppression, plumbing fixture counts (restroom requirements), and accessibility. Existing State law and local ordinances may require you to make some changes to your outdoor seating area. Some examples of these changes could include removal of temporary membrane structures (tents and canopies), installation of security cameras or on-site security for some alcohol serving businesses, installation of permanent fencing, or removal of some indoor or outdoor seats to not trigger the need for additional restrooms.

Will private property businesses have to pay ongoing fees for outdoor seating?

No, the permit process for private property businesses is a one-time fee and permit application. These approvals on private property run with the land and become a permanent approval for the property as long as the use remains active and the operations follow all conditions of approval.

Is the City requiring businesses to follow specific design requirements?

The permit process will require businesses to be consistent with the outdoor seating area design standards which provide requirements that outline the size, use, material, and location requirements for design elements including:

• Perimeter fencing
• Overhead coverings (awnings, umbrellas, roofs, etc)
• Landscaping
• Lighting
• Furnishings (heaters, tables, chairs, etc.)
• Accessibility

Because these seating areas are on private property, businesses are potentially able to more fully weatherize their outdoor spaces with installation of hard-wired lights, gas or electric heaters, and overhead awnings or shade materials.

Is the City requiring businesses to only use certain colors and materials for outdoor seating areas?

Businesses are free to use any colors they choose. Materials must be durable, easy to clean and maintain, and be compatible with the materials of the building.

Would live entertainment be allowed in the outdoor seating area?

Businesses must follow the current entertainment ordinance regulations. Outdoor live entertainment is also allowed through individual day permits from the Police Department if conducted no more than 5 days a year.

Following completion of the private property outdoor seating policy changes, staff will be working with the City Council subcommittee to evaluate the current live entertainment policies and recommend changes to improve the entertainment permit process.

Could adding a permanent outdoor patio trigger other requirements, such as a trash enclosure or additional restrooms?

There is a possibility depending on the scale of your outdoor seating area and level of improvements that other requirements would be triggered by this addition. Potential large expense items could include, but may not be limited to:

• Additional restroom facilities, based on increase in occupancy load (Building and Safety)
• Accessibility upgrades, based on building permit valuation (Building and Safety)
• Fire resistive design, based on distance from property lines and other building (Building and Safety)
• Trash enclosure relocation, if patio location affects access to current location (Public Works)
• Water meter upgrade, if the patio results in addition of water fixtures (e.g., via construction of a new bathroom) that would increase water demand to the point where a larger meter is needed (Water Engineering)

In an effort to avoid additional costs and construction for businesses we would recommend you speak with the above noted departments about your specific plans. The contact information for each department is:

Building and Safety Division (Planning and Community Development Department)
831-420-5120
bcounter@santacruzca.gov
Or in person at 809 Center St. Room 101, Monday-Thursday 7:30a.m.-11:30a.m.

Public Works Department
831-420-5160
Or in person at 809 Center St. Room 201, Monday-Thursday 7a.m.-12p.m.

Water Engineering Division (Water Department)
831-420-5210
waterengineering@santacruzca.gov
Or in person at 212 Locust St., Suite C, Monday-Friday 1p.m.-3p.m.

The City Council ad-hoc subcommittee on outdoor dining began meeting on private property outdoor dining policy in May 2023. The ad-hoc subcommittee includes Councilmembers Brunner, Kalantari-Johnson, and Newsome and was supported by planning and economic development staff to explore policy development and streamlining of a permanent private outdoor dining (PPOD) permit process. The initial work of the Subcommittee involved meeting with city staff to learn more about current private property outdoor dining city policy and permitting processes, potential parking and noise impacts, and beginning to draft the framework of potential ordinance modifications to support the goals of streamlining this process. The Subcommittee also met with the Police Department to learn about the impacts temporary outdoor dining on private property has had on public safety and calls for service to these establishments as a result of these expanded outdoor areas.

The following following is the list of all businesses with temporary private property outdoor dining permits:

• Brady's Yacht Club
• Beach Hut Deli
• Rush Inn
• Bantam
• Mission West
• The Jury Room
• Seabright Deli
• Humble Sea
• Linda's Seabreeze Café
• Toya Sushi
• De La Hacienda Taqueria
• Companion Bakeshop
• Tramonti
• MJA Vineyards
• La Posta
• Santa Cruz Mountain Vineyard
• Shanty Shack
• Woodhouse Brewery
• Parish Publick House
• Flower Bar
• Achilles by the Sea
• Upper Crust Pizza

City Council Meeting 8/27/24 - Ordinance passes City Council at second reading

The second reading of this item was held on Tuesday, August 27, this item was passed by City Council. City Council additionally extended temporary permits to July 1, 2026. The 8/27/24 agenda packet from this meeting is available.

City Council Meeting 8/13/24 - Ordinance passes City Council at first reading

The first reading of this item was held on Tuesday, August 13, this item was passed and will be continued at a second reading on Tuesday, August 27th. The 8/13/24 agenda packet from this meeting is available.

Planning Commission Meeting 6/20/24 - Commission adopts motion to recommends City Council Approval

Following the 60 day continuation of the item, the Planning Commission moved the staff recommendation with the addition that council consider providing additional time for businesses under the temporary ordinance. The agenda, presentation, and minutes from this meeting can be reviewed on the Planning Commission Web Page.

Planning Commission Meeting 4/18/24 -Item continued 60 days for further review

Planning Commission met on Thursday, April 18 at 7 pm to review proposed streamlining of permitting for outdoor seating on private property. Following discussion the commission continued this item 60 days. The purpose of this continuation was for staff to review California state legislation on this subject and to further investigate approaches of other cities in the state. To review the agenda packet and minutes from this meeting, please visit the Planning Commission web page.

March 2024
The City Council Subcommittee and City staff held a community meeting to review these documents and answer questions on March 13, 2024. If you were unable to attend this meeting you can find a recording of the presentation and Q&A or in the video below.

February 2024
On February 27, 2024, the City Council unanimously approved an extension of the Temporary Outdoor Expansion Program permits for private property businesses to May 31, 2025. This extension is intended to provide businesses with a one-year transition period to obtain their permanent approvals once the updates to the proposed policy are in effect. City staff and the Outdoor Dining Subcommittee are working on the final review of the draft private property outdoor dining policy updates for our next round of feedback from businesses and the public before the item will be presented to Planning Commission for consideration and then City Council.

November 2023
Following feedback from businesses and community members, the subcommittee and staff have been working on revisions to the proposed permitting process to further streamline and reduce the costs and timeline required for transitioning to permanent approval. Staff is working to finalize revisions to the proposed process in preparation for a second business engagement meeting to collect additional feedback before bringing the proposals to Planning Commission and City Council. Staff anticipates the second business engagement meeting to be held in January.

September 2023
The engagement process began in September 2023, with the subcommittee and staff meeting with a small group of businesses that had early conversations with City Council that led to the formation of this subcommittee. This step was followed by a community meeting for impacted residents to share input on the proposed ordinance changes, and a meeting with all active permit holders to collect feedback from the business community.

These meetings were held:

• Community Engagement Meeting(PDF, 3MB): Monday, September 11, 2023
• Temporary Permit Holders Meeting(PDF, 3MB): Monday, September 13, 2023

Community Survey

In addition to these meeting the community was encouraged to take a survey. The purpose of this survey was for the city to learn more about the specific aspects of private property outdoor dining that people are supportive or may be concerned about. The survey was open from September 11th to 26th and received 508 total responses. You can view a summary of the data collected.